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DEAN FOODS CO. v. CONSOLIDATED FREIGHTWAYS MTR.

No. 97 C 4428.

29 F.Supp.2d 495 (1998)

DEAN FOODS CO., Plaintiff, v. CONSOLIDATED FREIGHTWAYS MTR., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 15, 1998.

Attorney(s) appearing for the Case

Joel H. Steiner, Paul Anthony Gajewski, Axelrod, Goodman, Steiner & Bazelon, Chicago, IL, for Dean Foods Company, plaintiff.

Bruce Craig Spitzer, Christopher A. Kreid, Metge, Spitzer & Kreid, Chicago, IL, for Consolidated Freightways Motor Freight, defendant.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

Dean Foods uses a laser coder machine to mark expiration dates on its dairy and food products. It is in constant operation. Two machines are used alternatively. One is usually available as a backup. No laser coder and the production line stops. One machine was to be sent to its maker for routine maintenance. It was given to Consolidated Freightways for delivery to Arizona. It was packaged in a reusable...

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